Colorado § 30-20-101 - Definitions.

§ 30-20-101. Definitions.

As used in this part 1, unless the context otherwise requires:

(1) "Approved site or facility" means a site or facility for which a certificate of designation has been obtained, as provided in this part 1.

(1.5) "Closed site or facility" means a site or facility that has been closed in accordance with provisions of the federal regulations pursuant to subtitle D of the federal "Resource Conservation and Recovery Act of 1976", as amended, as published in 40 CFR 258.60, and in the manner specified in the approved certificate of designation application at the time of approval of the site or facility or in a closure plan that has been approved by the department.

(2) "Department" means the department of public health and environment.

(2.3) "Excluded scrap metal" means processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.

(2.5) "Governing body having jurisdiction" means the board of county commissioners if a site and facility is located in any unincorporated portion of a county and means the governing body of the appropriate municipality if a site and facility is located within an incorporated area.

(2.6) "Home scrap metal" means scrap metal generated by steel mills, foundries, and refineries, including, but not limited to, turnings, cuttings, punchings, and borings.

(2.7) "Landfill gases" means gases formed by the decomposition of buried solid waste. Landfill gases include, but are not limited to, methane.

(2.8) "Municipality" means a home rule or statutory city, town, or city and county or a territorial charter city.

(3) "Person" means an individual, partnership, private or municipal corporation, firm, board of a metropolitan district or sanitation district, or other association of persons.

(3.5) "Processed scrap metal" means scrap metal that has been manually or physically altered to separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to:

(a) Scrap metal that has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type; and

(b) Fines, drosses, and related materials that have been agglomerated.

(3.7) "Prompt scrap metal" means scrap metal generated by the metal working or fabrication industries, including, but not limited to, turnings, cuttings, punchings, and borings. "Prompt scrap metal" includes industrial metal scrap and new scrap metal.

(4) "Recyclable materials" means any type of discarded or waste material that is not regulated under section 25-8-205 (1)(e), C.R.S., and can be reused, remanufactured, reclaimed, or recycled, but not including recycled auto parts or excluded scrap metal that is being recycled, or scrap that is composed of worn out metal or a metal product that has outlived its original use, commonly referred to as obsolete scrap.

(5) "Recycling operation" means that part of a solid wastes disposal facility or a part of a general disposal facility at which recyclable materials may be separated from other materials for further processing.

(5.5) "Shredded circuit boards" means shredded electronic circuit boards that:

(a) Are stored in containers that are sufficient to prevent any release to the environment prior to recovery; and

(b) Do not contain mercury switches, mercury relays, nickel-cadmium batteries, or lithium batteries.

(5.8) "Solid and hazardous waste commission" means the solid and hazardous waste commission created in section 25-15-302, C.R.S.

(6) (a) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial or commercial operations or from community activities.

(b) "Solid waste" does not include:

(I) Any solid or dissolved materials in domestic sewage;

(II) Agricultural wastes;

(III) Solid or dissolved materials in irrigation return flows;

(IV) Industrial discharges which are point sources subject to permits under the provisions of the "Colorado Water Quality Control Act", article 8 of title 25, C.R.S.;

(V) Materials handled at facilities licensed pursuant to the provisions on radiation control in article 11 of title 25, C.R.S.;

(VI) Exploration and production wastes, as defined in section 34-60-103, except as the exploration and production wastes may be deposited at a commercial solid waste facility;

(VII) Excluded scrap metal that is being recycled; or

(VIII) Shredded circuit boards that are being recycled.

(7) "Solid wastes disposal" means the storage, treatment, utilization, processing, or final disposal of solid wastes.

(8) "Solid wastes disposal site and facility" means the location and facility at which the deposit and final treatment of solid wastes occur.

(8.5) (Deleted by amendment, L. 2006, p. 1133, § 14, effective July 1, 2006.)

(9) "Transfer station" means a facility at which refuse, awaiting transportation to a disposal site, is transferred from one type of containerized collection receptacle and placed into another or is processed for compaction.

(10) "Water quality control commission" means the water quality control commission created in section 25-8-201, C.R.S.

Source: L. 67: p. 759, § 1. C.R.S. 1963: § 36-23-1. L. 71: p. 340, §§ 1, 2. L. 83: (6) R&RE, p. 1239, § 1, effective July 1. L. 91: (2.5) and (2.7) added, p. 964, § 2, effective June 5. L. 92: (1.5) added and (7) and (9) amended, p. 1275, § 1, effective July 1. L. 94: (8.5) added, p. 32, § 1, effective March 9; (2) amended, p. 2800, § 557, effective July 1. L. 95: (6) amended, p. 120, § 2, effective March 31. L. 98: (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) added and (6)(b)(V) amended, pp. 171, 172, §§ 2, 3, effective April 6; (3) amended, p. 1071, § 4, effective June 1; (4) amended, p. 880, § 5, effective July 1. L. 2001: (2.7) amended and (2.8) added, p. 1100, § 2, effective July 1. L. 2006: (8.5) amended and (5.8) and (10) added, p. 1133, § 14, effective July 1. L. 2024: (6)(b)(VI) amended, (HB 24-1346), ch. 216, p. 1344, § 18, effective May 21.

Editor's note: Subsection (5.8) was originally numbered as (5.5) in Senate Bill 06-171 but has been renumbered on revision for ease of location.

Cross references: (1) For definitions applicable to this part 1, see § 30-26-301 (2)(d).

(2) For the legislative declaration contained in the 1995 act amending subsection (6), see section 1 of chapter 42, Session Laws of Colorado 1995. For the legislative declaration contained in the 1998 act enacting subsections (2.3), (2.6), (3.5), (3.7), (5.5), (6)(b)(VII), and (6)(b)(VIII) and amending subsection (6)(b)(V), see section 1 of chapter 68, Session Laws of Colorado 1998. For the legislative declaration contained in the 1998 act amending subsection (4), see section 1 of chapter 236, Session Laws of Colorado 1998.

ANNOTATION

Law reviews. For article, "1974 Land Use Legislation in Colorado", see 51 Den. L.J. 467 (1974). For article, "Synthetic Fuels — Policy and Regulation", see 51 U. Colo. L. Rev. 465 (1980).

Denver is a "person" subject to the provisions of the solid wastes act. City & County of Denver v. Eggert, 647 P.2d 216 (Colo. 1982).

Applied in PII of Colo., Inc. v. District Court, 197 Colo. 239, 591 P.2d 1316 (1979).